PA
definition under Pa.Con. Stat Title 18 section 105(b)
- A crime is a felony of the first degree if it is so designated in this
title or if a person convicted thereof may be sentenced to a term of
imprisonment, the maximum of which is more than ten years.
- A crime is a felony of the second degree if it is so designated in this
title or if a person convicted thereof may be sentenced to a term of
imprisonment, the maximum of which is not more than ten years.
- A crime is a felony of the third degree if it is so designated in this
title or if a person convicted thereof may be sentenced to a term of
imprisonment, the maximum of which is not more than seven years.
- A crime declared to be a felony, without specification of degree, is of
the third degree.
a crime that has a greater punishment imposed by statute than that imposed on a
misdemeanor
a federal crime for which the punishment may be death or imprisonment for
more than a year
Note: Originally in English law a felony was a crime for which the
perpetrator would suffer forfeiture of all real and personal property as well as
whatever sentence was imposed. Under U.S. law, there is no forfeiture of all of
the felon's property (real or personal) and such forfeiture is not part of the
definition of a felony. For certain crimes, however (as for a conviction under
the Racketeer Influenced and Corrupt Organizations Act or a narcotics law),
specific property, such as that used in or gained by the crime, is subject to
forfeiture. Every state has its own statutory definition of a felony. Most are
in line with the federal definition of a felony as a crime which carries a
sentence of imprisonment for more than one year or the death penalty (where
applicable). Other states, like Louisiana, define a felony as a crime which
carries a sentence of death or imprisonment at hard labor. |